Bill Text: CA AB2238 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Extreme heat: statewide extreme heat ranking system.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2022-09-09 - Chaptered by Secretary of State - Chapter 264, Statutes of 2022. [AB2238 Detail]
Download: California-2021-AB2238-Amended.html
Bill Title: Extreme heat: statewide extreme heat ranking system.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2022-09-09 - Chaptered by Secretary of State - Chapter 264, Statutes of 2022. [AB2238 Detail]
Download: California-2021-AB2238-Amended.html
|
Amended
IN
Senate
June 13, 2022 |
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Amended
IN
Assembly
March 23, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2238
| Introduced by Assembly Members Luz Rivas, Cristina Garcia, and Eduardo Garcia (Principal coauthors: Senators Hertzberg and Stern) (Coauthors: Assembly Members Arambula, Bryan, Lackey, Quirk, Robert Rivas, and Calderon) (Coauthor: Senator Eggman) |
February 16, 2022 |
An act to add Part 5.5 (commencing with Section 71410) to Division 34 of the Public Resources Code, relating to extreme heat.
LEGISLATIVE COUNSEL'S DIGEST
AB 2238, as amended, Luz Rivas.
Extreme heat: statewide extreme heat ranking system.
Existing law establishes the California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, and vests the agency with authority over various environmental matters. Existing law requires the agency to address heat and heat reduction by, among other things, identifying the extent and severity of the urban heat island effect for cities to set quantifiable goals for heat reduction.
Existing law establishes the Office of Planning and Research in state government in the Governor’s office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP) to be administered by the office to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed.
Existing law
creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the commissioner’s powers and duties. Existing law requires the commissioner to convene a working group to identify, assess, and recommend risk transfer market mechanisms that, among other things, promote investment in natural infrastructure to reduce the risks of climate change related to catastrophic events.
This bill would require the agency, by January 1, 2024, to develop a statewide extreme heat ranking system in coordination with ICARP the ICARP, the State Department of Public Health, and the Department of Insurance, as provided. The bill would also require the department, by January
Department of Insurance, by July 1, 2024, to submit transmit a study of the insured and uninsured costs related to past extreme heat events to the appropriate legislative policy and budget committees, of, among other things, past extreme heat events and the effectiveness of insurance coverages, as specified, to prevent losses or help communities plan public health initiatives related to combating the effects of extreme heat, insurance options that will support specified adaptation, preparedness, and resilience measures, and recommendations for overcoming barriers encountered by local governments that are trying to use
insurance or other financing tools to fund or support heat risk mitigation or adaptation strategies to the agency, and ICARP. the ICARP, and certain legislative policy committees, and to post the study on its internet website. The bill would require the ICARP to develop a public communication plan for the statewide extreme heat ranking system, recommend partnerships with, and develop
statewide guidance for, with local health departments and local and tribal governments governments, and develop statewide guidance for local and tribal governments in the preparation and planning for extreme heat events, and recommend heat adaptation measures, review the heat ranking system, as specified. The bill would also make findings and declarations related to extreme heat.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Pursuant to Section 71400 of the Public Resources Code, the California Environmental Protection Agency has developed heat reduction strategies and tools, including developing an urban heat island index, released in 2015, to give cities quantifiable goals for heat reduction.
(b) The latest California Climate Change Assessment projects hotter, longer, and more frequent heat events. Heat waves and extreme heat are responsible for more deaths than all other extreme weather events, and disproportionately impact communities of color,
persons with disabilities, seniors, and low-income communities.
(c) California has experienced record-setting temperatures in the last two years, demonstrating the urgency of addressing climate-intensified extreme heat impacts. In 2020, temperatures in Los Angeles County reached as high as 121 degrees Fahrenheit, the highest temperature ever recorded in Los Angeles County, causing an increase of 10 times the normal number of emergency room visits. Additionally, in 2021, the Coachella Valley had its hottest year ever, with temperatures reaching 123 degrees Fahrenheit.
(d) A statewide ranking system for extreme heat is one of the recommendations from the California Climate Insurance Working Group, which was convened by Insurance Commissioner Ricardo Lara and pursuant to
Senate Bill 30 (Chapter 614 of the Statutes of 2018). The California Climate Insurance Working Group made extreme heat an area of emphasis, focusing on recommendations to close the protection gap and better protect vulnerable communities.
(e) Existing advance warnings of disasters from other perils save lives and provide a window of opportunity for protecting property, avoiding harm, and saving lives. For example, California’s “red flag” warnings for wildfire conditions, the United States Environmental Protection Agency Air Quality App, the naming system for tropical storms and hurricanes by the National Oceanic and Atmospheric Administration, and air quality alerts embedded in smart phone weather applications that allow those with respiratory conditions to find shelter in advance from dirty air could serve as templates for ranking
extreme heat events.
SEC. 2.
Part 5.5 (commencing with Section 71410) is added to Division 34 of the Public Resources Code, to read:PART 5.5. Extreme Heat
71410.
(a) For purposes of this part, the following definitions apply:(1) “Agency” means the California Environmental Protection Agency.
(2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code.
(2)
(3) “Extreme heat” means increasing temperatures or other meteorological conditions that could result in any of the following:
(A) Extreme heat wave.
(B) Heat health event.
(C) Heat watch, warning, or advisory from the National Weather Service or
Service, the Office of Emergency Services. Services, or a county health officer.
(D) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.
(3)
(4) “ICARP” means the Integrated Climate Adaptation and Resiliency Program, established pursuant to Section 71354, at the Office of Planning and
Research.
(5) “Vulnerable community” has the same meaning as defined in subdivision (d) of Section 71340.
(b) On or before January 1, 2024, the agency, in coordination with the ICARP ICARP, the State Department of Public Health, and the Department of Insurance, shall develop a statewide extreme heat ranking system to be based upon, but not limited to, all of the following:
(1) Available meteorological data from government and academic sources, including maximum temperature,
minimum temperature, and duration of extreme heat events.
(2) Information and data on health impacts of heat established through best available science or data from past heat and extreme heat events. events, including available mortality and morbidity information.
(3) Measures of extreme heat severity. severity, including the severity of the outcome of extreme heat on human health.
(4) Locally
relevant information, such as urban heat island effects, or cooling effects from urban tree canopies or other cooling measures.
(c) The statewide extreme heat ranking system shall include recommendations all of the following:
(1) Recommendations
on thresholds or triggers for public policies that reduce the risk of extreme heat impacts, and consider impacts and prioritize reducing the impacts of extreme heat to human health.
(2) Recommendations for metrics to measure the short-term and long-term impacts of extreme heat on human health.
(3) A consideration of the information reported by the Department of
Insurance, including the results of the study prepared pursuant to subdivision (e).
(f).
(d) The statewide extreme heat ranking system shall be adaptable for use at locally relevant scales.
(d)
(e) After the statewide extreme heat ranking system is finalized, the ICARP shall do all of the following:
(1) Develop, in consultation with the
Office of Emergency Services
Services, the State Department of Public Health, the Department of Insurance, and other state agencies, and with input from local governments, local health departments, tribal organizations, labor organizations, environmental organizations, and community groups from disadvantaged and vulnerable communities, a public communication plan for the statewide extreme heat ranking system with a focus on strategies that target communications to populations that are most at risk of public health and emergency impacts from extreme heat events.
events, including, but not limited to, the most vulnerable populations. The communication plan shall include both of the following:
(A) Outreach plans for reaching diverse and vulnerable populations.
(B) Recommendations for targeted communications by local governments that include the use of culturally appropriate materials translated into multiple languages based on the common languages spoken in the locality.
(2) Recommend partnerships with local health departments and
local and tribal governments, and develop statewide guidance for local and tribal governments in the preparation and planning for extreme heat events.
(3) Recommend specific heat adaptation measures Review the heat ranking system and, in consultation with the State Department of Public Health, recommend to local governments specific and locally relevant heat adaptation, preparedness, and resilience measures that could be triggered by linked to
the statewide extreme heat ranking system and identify how the statewide extreme heat ranking system aligns with additional extreme heat adaptation policies pursuant to Section 71354.
(e)On or before January 1, 2024, the Department of Insurance shall study insured and uninsured costs related to past extreme heat events with different duration, maximum temperature,
and measurable health impacts. The results of this study shall be transmitted to the appropriate legislative policy and budget committees, the agency, and ICARP.
(f) The Department of Insurance shall develop a study that does all of the following:
(1) Identifies past extreme heat events with different duration, maximum temperature, humidity, and measurable health impacts.
(2) Analyzes the past extreme heat events identified pursuant to paragraph (1) to determine the effectiveness of insurance coverages, including types of insurance policies and their costs and payouts, and evaluate insurance gaps among racial and socioeconomic groups that face disproportionate impacts from
extreme heat, to prevent losses or help communities plan public health initiatives related to combating the effects of extreme heat.
(3) Identifies insurance options that will support the specific adaptation, preparedness, and resilience measures developed pursuant to paragraph (3) of subdivision (e).
(4) Draws information from local and regional heat mitigation plans and initiatives.
(5) Incorporates local input to identify local heat risks that are or have historically been uninsured and determine the barriers encountered by local governments that are trying to use insurance or other financing tools, including, but not limited to, heat-index-triggered parametric insurance, catastrophe bonds, and resilience bonds, to fund or support heat risk mitigation or adaptation strategies.
(6) Includes recommendations for overcoming the barriers identified pursuant to paragraph (5) and details key elements of potential model local heat risk transfer mechanisms.
(g) On or before July 1, 2024, the Department of Insurance shall transmit the results of the study prepared pursuant to subdivision (f) to the agency, the ICARP, and the legislative policy committees with jurisdiction over natural resources, environmental quality, insurance, and the budget, and shall post the study on its internet website.
(f)
(h) The requirement for submitting a study imposed under subdivision (e) (g) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
